A fire alarm sounds during a busy school morning, a care home handover or an office meeting. Staff may look first to the trained fire marshal for direction, but the legal accountability sits elsewhere. Understanding the distinction between a fire marshal vs responsible person helps duty holders assign tasks properly, avoid gaps in compliance and protect everyone on site.
For most workplaces in England and Wales, the relevant law is the Regulatory Reform (Fire Safety) Order 2005. It places defined duties on the responsible person. A fire marshal, often called a fire warden, is usually a trained member of staff appointed to help carry out day-to-day fire safety arrangements. Both roles matter, but they are not interchangeable.
Fire Marshal vs Responsible Person: the key difference
The responsible person is the individual or organisation with the legal duty to manage fire safety at the premises. Depending on the building and working arrangements, this may be the employer, owner, landlord, managing agent, occupier or another person with control over all or part of the premises.
A fire marshal is a practical support role. They may help with evacuation, check allocated areas, report hazards and assist visitors or colleagues who need support. Their actions can be vital in an emergency, but appointing fire marshals does not transfer the responsible person’s legal duties to them.
This distinction is particularly relevant where a business uses a facilities manager or external contractor. A competent person can be appointed to assist with fire safety work, including inspections, testing and risk assessment support. However, the responsible person must still make sure the work is suitable, acted upon and kept under review.
What the responsible person must do
The responsible person’s role is wider than arranging a fire drill or fitting extinguishers. They must take general fire precautions so that people can safely use the premises and, if necessary, escape from it. The appropriate measures depend on the building, its occupants, the activities carried out there and the risks present.
In practice, the responsible person should ensure there is a suitable and sufficient fire risk assessment. This should identify fire hazards, people at risk, the adequacy of existing controls and any further action required. Significant findings and the people identified as being especially at risk must be recorded where five or more people are employed, or where the premises require a licence or an alterations notice applies.
They must also provide and maintain appropriate fire precautions. These may include a working fire alarm and detection system, emergency lighting, escape signage, protected escape routes, fire doors, suitable firefighting equipment and arrangements for vulnerable people. Equipment alone is not enough. It must be correctly selected, inspected, serviced and supported by clear procedures.
The responsible person must provide employees with relevant fire safety information, instruction and training. They must also plan for emergencies, nominate competent people where needed, and co-operate with other duty holders in shared or multi-occupied buildings.
A reliable compliance programme commonly includes the following controls:
- regular checks of fire alarm, emergency lighting and escape routes;
- servicing of fire extinguishers by a competent technician;
- inspection and maintenance of fire doors and other passive fire protection;
- recorded staff training and evacuation drills; and
- review of the fire risk assessment after significant change, an incident or new identified risk.
The frequency and detail of these measures should be based on the risk assessment, manufacturer guidance and applicable standards. A small, low-risk office will not require the same arrangements as a school, warehouse, healthcare setting or premises with sleeping accommodation.
What a fire marshal does day to day
A fire marshal’s responsibilities should be clearly written down and matched to their training. The role normally supports the emergency plan rather than replacing management responsibility for it.
Before an incident, a marshal may check that escape routes are unobstructed, fire doors are not wedged open, extinguishers are in place and fire safety concerns are reported promptly. They can also help familiarise staff with assembly points, evacuation routes and the site’s procedure for visitors.
When the alarm sounds, the marshal may sweep a designated area if it is safe to do so, encourage people to leave promptly, direct them towards the nearest safe exit and report to the evacuation co-ordinator or responsible person at the assembly point. They should never put themselves at risk, enter smoke-filled areas or attempt to tackle a fire unless they have been trained, it is safe and the site procedure permits it.
After an evacuation or drill, fire marshals can report problems such as blocked routes, poor alarm audibility, staff uncertainty or delays in accounting for visitors. These observations are valuable because they show whether arrangements work in real conditions rather than only on paper.
Can one person hold both roles?
Yes. In a small business, the employer or manager may be both the responsible person and a trained fire marshal. This can be practical, provided they have enough knowledge, time and authority to manage the full range of duties.
The risk comes when the two roles are treated as identical. A person trained only as a fire marshal may understand evacuation procedures but not have the competence to complete a suitable fire risk assessment, specify remedial works or manage a complex compliance programme. Equally, a responsible person who is regularly off site should make sure trained staff are available whenever the premises are occupied.
Larger or more complex sites often need several marshals across floors, departments or shifts. Consider lone working, visitors, contractors, mobility needs, language barriers and periods of high occupancy. A single marshal may be adequate in a small, straightforward office, but not in a multi-storey building or a site operating around the clock.
Common compliance gaps
One of the most common problems is naming a fire marshal without giving them time, authority or refresher training. Another is relying on a historic fire risk assessment after the layout, occupancy or work activities have changed. New electrical equipment, altered storage arrangements, building works and changes to who uses the premises can all affect the level of risk.
Fire doors are another frequent point of failure. A damaged closer, unsuitable gap, missing seal or wedged-open door can compromise an escape route and allow smoke or fire to spread. Escape routes also need active management. Boxes, furniture and stock placed in corridors may seem temporary, but they can prevent a safe evacuation.
Electrical safety should be considered within the wider fire strategy. Portable Appliance Testing can help identify defects in electrical equipment that may create an ignition risk, but PAT testing is not a substitute for fixed-wiring inspection, safe use policies or a fire risk assessment. The controls need to work together.
How to set up effective responsibilities
Start by identifying who the responsible person is for each area of the premises. This should be unambiguous, especially where there are tenants, landlords, managing agents or shared facilities. If more than one party has control, agree how information will be shared and who will address issues affecting common escape routes, alarms or fire doors.
Next, use your fire risk assessment to decide how many fire marshals are needed and where they should be positioned. Give each marshal a defined area, suitable training and an escalation route for defects. Keep training, drill, inspection and maintenance records organised so that action can be evidenced if requested by enforcing authorities or insurers.
Finally, turn identified actions into a managed plan. Assign an owner, target date and priority to each item, then check that remedial work has actually been completed. Qualified external support can provide practical assurance where internal resources are limited. Janus Safety Solutions can help businesses maintain key fire safety measures with planned, low-disruption servicing and inspections.
A clear division of responsibility gives staff confidence when seconds matter: fire marshals guide the response on the ground, while the responsible person makes sure the people, procedures and protective measures behind that response are in place.
